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Pragya (unemployed)     02 July 2012

Mutation of property in delhi

I have a query, need expert advice on same.

We have a group housing society apartment in Delhi in joint name of my mother and father on lease deed. Few months back, my father expired. Property tax to MCD goes in name of my mother, as she was the original allottee and father's name was added later. Recently, DDA gave the option of converting to freehold. On starting  the process, I was made aware that we might need to either get 'No objection certificates' from me and my brother as legal heirs or alternatively get the property mutated on our 3 names first before applying for freehold conversion.

Please advice on best approach to take here and what formalities needs to be followed for same. Kindly reply as early as possible, to enable me to take next step.

Also, as my brother does not reside in India, anything to make the process simpler or convenient for him to follow from abroad.

Thanks & Regards.



Learning

 8 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 July 2012

Dear Querist,

 

In that situation your brother would have to give the NOC that is notarised by the Indian Consul in place where he is residing, he would also have to give a POA duly notarised in your favour authorising you to do all that is necessary in his behalf for the purposes of mutation.

 

This would suffice !

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 July 2012

Dear Querist,

 

In that situation your brother would have to give the NOC that is notarised by the Indian Consul in place where he is residing, he would also have to give a POA duly notarised in your favour authorising you to do all that is necessary in his behalf for the purposes of mutation.

 

This would suffice !

Pragya (unemployed)     02 July 2012

Hi Bharat,

Thanks for your quick response.

Please let me know what should I do 

1. Get 'No objection certificates' from me and my brother as legal heirs and apply for freehold on mother's name, OR

2. Get the property mutated on all our 3 names first before applying for freehold conversion.

What is the legally advisable and less problematic and time-consuming path - freehold or mutation or is there a third way to this? How do I do this?

Thanks & Regards.

Pragya (unemployed)     02 July 2012

Hi Bharat,

Thanks for your quick response.

Please let me know what should I do 

1. Get 'No objection certificates' from me and my brother as legal heirs and apply for freehold on mother's name, OR

2. Get the property mutated on all our 3 names first before applying for freehold conversion.

What is the legally advisable and less problematic and time-consuming path - freehold or mutation or is there a third way to this? How do I do this?

Thanks & Regards.

Pragya (unemployed)     02 July 2012

Hi Bharat,

Thanks for your quick response.

Please let me know what should I do 

1. Get 'No objection certificates' from me and my brother as legal heirs and apply for freehold on mother's name, OR

2. Get the property mutated on all our 3 names first before applying for freehold conversion.

What is the legally advisable and less problematic and time-consuming path - freehold or mutation or is there a third way to this? How do I do this?

Thanks & Regards.

Pragya (unemployed)     02 July 2012

Hi Bharat,

Thanks for your quick response.

Please let me know what should I do 

1. Get 'No objection certificates' from me and my brother as legal heirs and apply for freehold on mother's name, OR

2. Get the property mutated on all our 3 names first before applying for freehold conversion.

What is the legally advisable and less problematic and time-consuming path - freehold or mutation or is there a third way to this? How do I do this?

Thanks & Regards.


(Guest)

Dear Pragya,

It would be better you get names of you and your brother first added and mutated with MCD. Once your names are mutated, it will be easy and concenient and less time consuming to get the same converted into freehold.

If you without mutating your and your brothers name with the authorities  and proceed for getting the property converted into freehold, then in such event as said, you will have to furnish/tender NOC of your brother and yourself which means that you and your brother do not have any objection in mutating the property in the name of mother as individual owner of the same. Pursuant to same name of your mother will be mutated as owner with freehold rights of the property without any hindrance.

1 Like

Pragya (unemployed)     06 July 2012

Thank you for your expert advice. 

I'll get our names added in DDA and MCD, before appying for freehold.


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